Item - 2023.CC8.23

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer as set out in Public Attachment 1 to the report (July 6, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the draft Zoning By-law Amendments implementing the Settlement Offer are finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment;

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning by-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the Owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resource, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

e. the Owner has entered into a Heritage Easement Agreement with the City for the property at 906 Yonge Street (including the entrance address at 908 Yonge Street), substantially in accordance with plans and drawings prepared by IBI Group, and dated May 1, 2023, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 28, 2023, subject to and in accordance with the approved Plan required in Recommendation 1.a.2, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

f. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 906 Yonge Street (including the entrance address at 908 Yonge Street), prepared by ERA Architects Inc., dated April 28, 2023, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning; and

g. the Owner has submitted an application and gained approval in writing under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage property at 906 Yonge Street.

3. City Council direct the Chief Planner and Executive Director, City Planning in consultation with the local Ward Councillor and the City Solicitor to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

4. City Council request the Owner to make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation, and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit, and:

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu;

and the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

5. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to exclude the development located at 906 Yonge Street and 25 McMurrich Street from Permit Parking.

6. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.